HomeMy WebLinkAbout07_Woody's Wharf Limited Term Permit and CDP_PA2021-193CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 16, 2021
Agenda Item No. 7
SUBJECT: Woody’s Wharf (PA2021-193)
▪Limited Term Permit No. XP2021-015
▪Coastal Development Permit No. CD2021-043
SITE LOCATION: 2318 Newport Boulevard
APPLICANT: Woody’s Wharf
OWNER: Ralph Furra
PLANNER: Chelsea Crager, Associate Planner
949-644-3227, ccrager@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: MU-W2 (Mixed Use Water 2)
•Zoning District: MU-W2 (Mixed Use Water)
•Coastal Land Use Plan Category: MU-W2 (Mixed Use Water Related)
•Coastal Zoning District: MU-W2 (Mixed Use Water)
PROJECT SUMMARY
A request for a limited term permit and coastal development permit to authorize a 999-
square-foot outdoor dining area previously authorized through Emergency Temporary Use
Permit No. UP2020-050 and Emergency Coastal Development Permit No. CD2020-060
(PA2020-129) for Woody’s Wharf restaurant for up to a one-year term (January 1, 2022
through December 31, 2022).
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303
under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2021-015 and Coastal Development Permit No. CD2021-043 (Attachment No.
ZA 1).
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DISCUSSION
• A request for a limited term and a coastal development permit to allow a 999-square-
foot maximum expanded dining area for up to a one-year term (January 1, 2022
through December 31, 2022). An expanded dining area was previously authorized
through Emergency Temporary Use Permit (ETUP) No. UP2020-050 and
Emergency Coastal Development Permit No. CD2020-060 (PA2020-193) for
Woody’s Wharf.
• ETUP No. UP2020-050 allowed an outdoor dining area of 2,553 square feet. The
current request is a 1,554-square-foot reduction in dining area from the previous
approval.
• The adjoining property to the north is developed with a restaurant and the adjoining
property to the south is developed with mixed-use of commercial and residential.
There are residential uses across the water. To minimize the potential for noise
issues, the temporary patio is conditioned to cease operating by 9:00 p.m. Monday
through Thursday and 10:00 p.m. Friday through Sunday. The use of an outdoor
paging system is explicitly prohibited, and live entertainment and amplified sound are
not allowed.
• The subject lot is accessed from Newport Boulevard. A surface parking area is
provided on-site. The expanded dining area will occupy no more than seven standard
parking spaces. The existing food service use, Woody’s Wharf, is located in a mixed-
use area and proposes to operate all day and into the evening hours. Sufficient
parking is provided on-site and no traffic issues are anticipated with the continued
use of the expanded dining area.
• The City is undergoing an analysis of parking rates including rates related to food
service and outdoor dining. Findings and recommendations of this study are
anticipated by December 2021, and may inform a future conditional use permit
amendment for outdoor dining areas.
• The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is the Newport Pier and the site is only slightly visible as a small portion of
a larger panoramic perspective from this vantage point. The expanded outdoor dining
area complies with all applicable Local Coastal Program (LCP) development
standards and maintains an area consistent with the existing pattern of development
on the Balboa Peninsula. Additionally, the project does not contain any unique
features that could degrade the visual quality of the coastal zone.
• The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public
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Access/Recreation Impacts) requires that the provision of public access bear a
reasonable relationship between the requirement and the project’s impact and be
proportional to the impact. In this case, the project expanded patio is located in the
existing parking lot and is not located by the sea where lateral and vertical coastal
access would be needed.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures), respectively, of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential
to have a significant effect on the environment.
The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
Class 3 exemption includes a store, motel, office, restaurant, or similar structure not
involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The proposed scope of work is a maximum 999-square-foot expanded outdoor
dining patio at an existing restaurant for a up to a one-year limited term and qualifies under
the parameters of the Class 1 and Class 3 exemptions. There are no known exceptions
listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these
exemptions.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. Administrative procedures for appeals are provided in
the Newport Beach Municipal Code Chapter 20.64 and 21.64. A fee is not required to appeal
any final action on a coastal development permit to the Planning Commission. The project
site is not located within the appeal area of the coastal zone; therefore, final action by the
City may not be appealed to the California Coastal Commission. For additional information
on filing an appeal, contact the Planning Division at 949-644-3200.
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Prepared by:
MS/cc
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Emergency Temporary Use Permit Action Letter
ZA 4 SCE Clearance Decals
ZA 5 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
LIMITED TERM PERMIT NO. XP2021-015 AND COASTAL
DEVELOPMENT PERMIT NO. CD2021-043 TO ALLOW AN
EXPANDED OUTDOOR DINING AREA LOCATED AT 2318
NEWPORT BOULEVARD (PA2021-193)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Greg Pappas, representing owner Ralph Furra, with respect to
property located at 2318 Newport Boulevard, and legally described as Lot 6 of Block 223
Tract A in the City of Newport Beach, Orange County, California, requesting approval of a
limited term permit and a coastal development permit.
2. A request for a limited term and a coastal development permit to allow a 999-square-foot
maximum expanded dining area for up to a one (1)-year term (January 1, 2022 through
December 31, 2022). An expanded dining area was previously authorized through
Emergency Temporary Use Permit No. UP2020-050 and Emergency Coastal
Development Permit No. CD2020-060 (PA2020-129) for Woody’s Wharf.
3. The subject property is designated MU-W2 (Mixed-Use Water 2) by the General Plan Land
Use Element and is located within the MU-W2 (Mixed Use Water) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU-W (Mixed-Use Water Related) and it is located within the MU-W2 (Mixed-
Use Water) Coastal Zoning district.
5. A public hearing was held on December 16, 2021, online via Zoom. A notice of time, place
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
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Class 3 exemption includes a store, motel, office, restaurant, or similar structure not
involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The proposed scope of work is a maximum 999-square-foot expanded outdoor
dining patio at an existing restaurant for up to a one (1)-year limited term and qualifies
under the parameters of the Class 1 and Class 3 exemptions.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Limited Term Permit
In accordance with Section 20.52.040.G (Limited Term Permits) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A. The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, nor
endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood of the
requested limited duration use;
Facts in Support of Finding:
1. The limited term permit will allow an extended and expanded outdoor dining patio for up to
a one (1)-year term while the City reconsiders its parking requirements related to food
service uses. The existing food service use is authorized through Use Permit No. UP2015-
037 (PA2015-158) and includes 1,882 square feet of net public area including a 709-
square-foot outdoor dining patio.
2. The expanded dining area has not posed a hazard to the general welfare of persons
residing in the area since it was placed during the COVID-19 pandemic in 2020 through
an Emergency Temporary Use Permit. The operation of the expanded dining area is
limited to up to a one (1)-year beginning January 1, 2022, through December 31, 2022,
and has been reviewed and conditioned to preclude any detriment to the general welfare
of the area.
3. Outdoor dining areas are common on the Balboa Peninsula, have been used at the subject
property during similar hours in the past and the use has not proven detrimental. The
existing hours of operation for the restaurant are 9:30 a.m. through 2:00 a.m., daily. The
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expanded outdoor dining area would close by 9:00 p.m., Monday through Thursday, and
by 10:00 p.m., Friday through Sunday, as required by Condition of Approval No. 5.
4. The proposed operation is conditioned to be accessible to all persons, including those with
disabilities, in accordance with the Americans with Disabilities Act (ADA).
5. The permitted use shall adhere to applicable State of California and Orange County Health
Care Agency guidelines for the safe operation of the use. It is the responsibility of the
permittee to implement and follow industry-specific guidance of the State of California and
the Orange County Health Care Agency guidelines.
6. The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
7. The overall plan includes appropriate delineation of outdoor use spaces with physical
barriers.
8. The expanded dining area will not impede pedestrian coastal access since the patio is in
a parking area adjacent to Newport Boulevard.
Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration use without
material detriment to the use and enjoyment of other properties located adjacent to and in the
vicinity of the lot;
Facts in Support of Finding:
1. The subject lot is approximately 0.34 acres in size. A restaurant has operated at the subject
property since 1965. Based upon the site plan, there is adequate area to accommodate
the expanded dining area without impacting pedestrian circulation and coastal access.
2. The lot is bounded by Newport Boulevard to the west, mixed use properties to the south,
and a restaurant to the north. The expanded outdoor dining use will not impede use and
enjoyment of the properties in the area.
3. The expanded dining area will occupy seven (7) standard parking spaces. No traffic or site
circulation issues are anticipated.
Finding:
C. The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use
would or could reasonably be expected to generate;
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Facts in Support of Finding:
1. The subject lot is accessed from Newport Boulevard. A surface parking area is provided
on-site. The expanded dining area will occupy no more than seven (7) standard parking
spaces. The existing food service use, Woody’s Wharf, is located in a mixed use area and
proposes to operate all day and into the evening hours. Sufficient parking is provided on-
site and no traffic issues are anticipated with the continued use of the expanded dining
area.
2. The City is undergoing an analysis of parking rates including rates related to food service
and outdoor dining. Findings and recommendations of this study are anticipated by
December 2021, and may inform a future conditional use permit amendment for outdoor
dining areas.
Finding:
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited
duration use would be available either on-site or at alternate locations acceptable to the Zoning
Administrator; and
Facts in Support of Finding:
1. A restaurant has existed at the subject property since 1965. The current operator took over
management of the business in 2002. The existing surface parking lot has historically
served as the primary parking supply for patrons. The surface lot is expected to adequately
accommodate the temporary use for up to a one (1)-year term.
2. The expanded dining area will not impede pedestrian access to the waterfront.
Finding:
E. The limited duration use is consistent with all applicable provisions of the General Plan, any
applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The General Plan land use designation for this site is MU-W2 (Mixed Use Water). The MU-
W2 designation is applied to waterfront locations in which marine related uses may be
intermixed with a building that provide residential on the upper floors. A food service use
with outdoor dining is consistent with this designation. The expanded outdoor dining use
is accessory to the existing food service use with outdoor dining, will be utilized for a limited
duration on-site, and will not impede use of the site consistent with the MU-W2 designation.
Outdoor dining is a use that tends to foster additional pedestrian activity.
2. The site is located in the MU-W2 (Mixed-Use Water) Zoning District. The MU-W2
designation is applied to waterfront properties in which marine-related uses may be
intermixed with general commercial, visitor-serving commercial and residential dwelling
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units on the upper floors. The MU-W2 zoning district allows food service uses and the
expanded dining area is a temporary use, authorized with a limited term permit.
3. The Limited Term Permit for expanded outdoor dining would complement and be
consistent with the other commercial uses permitted within the MU-W2 Zoning District of
the Balboa Peninsula in that it provides amenities that support visitors to the area and
provides a social gathering place for those who live and work in the neighborhood,
consistent with General Plan Land Use Element Goal LU 2, below. Additional benefits
include providing opportunities for the continuation of local businesses that generate sales
tax and provide opportunities for employment, which is consistent with General Plan Land
Use Element Policy LU 2.4 (Economic Development), also copied below:
Goal LU 2 A living, active, and diverse environment that complements all lifestyles
and enhances neighborhoods, without compromising the valued resources that
make Newport Beach unique. It contains a diversity of uses that support the needs
of residents, sustain and enhance the economy, provide job opportunities, serve
visitors that enjoy the City’s diverse recreational amenities, and protect its important
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain or
enhance Newport Beach’s fiscal health and account for market demands, while
maintaining and improving the quality of life for current and future residents. (Imp
1.1, 24.1)
4. Council Policy D-9 recognizes the need to balance economic development objectives with
protection of the environment and the health and safety of the community. The policy
recognizes the need to provide effective and efficient structures for implementing economic
programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy
economy while preserving the unique commercial villages in Newport Beach. The
proposed limited term permit would support a local business and economic prosperity while
maintaining the unique character of the Balboa Peninsula community.
5. The site is not located within a specific plan area.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
F. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
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viewpoint is the Newport Pier and the site is only slightly visible as a small portion of a
larger panoramic perspective from this vantage point. The expanded outdoor dining area
complies with all applicable Local Coastal Program (LCP) development standards and
maintains an area consistent with the existing pattern of development on the Balboa
Peninsula. Additionally, the project does not contain any unique features that could
degrade the visual quality of the coastal zone.
2. The Property is located in the coastal zone and the proposed improvements require a
coastal development permit in accordance with Newport Beach Municipal Code (NBMC)
Section 21.52.035(C)(2) (Projects Exempt from Coastal Development Permit
Requirements). The improvements constitute an increase of ten (10) percent or more of
the internal floor area of an existing structure or a lesser improvement that has
previously been undertaken pursuant to California Public Resources Code Section
30610(a). The expanded outdoor dining area and barrier are minor detached structures.
The location of these improvements does not pose a conflict to coastal resources,
coastal access, or other adverse environmental effects.
3. Development authorized by this permit is not located in any environmentally sensitive
habitat area (ESHA) and public access to the coast will not be blocked. Coastal access
is increased by allowing commercial establishments to re-open allowing public to visit
coastal areas and provides an added amenity for visitors. The proposed operation does
not contain ESHA, wetlands, or sandy beach area.
4. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
5. The proposed development will not result in the erection of any permanent structures
valued at more than $25,000.
Finding:
G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is located between the nearest public road and the sea or shoreline of any
body of water located within the coastal zone.
Fact in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
between the requirement and the project’s impact and be proportional to the impact. In this
case, the project expanded patio is located in the existing parking lot and is not located by
the sea where lateral and vertical coastal access would be needed.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2021-015 and Coastal Development Permit No. CD2021-043 subject to the
conditions set forth in Exhibit A, which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution was
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 20 Planning and Zoning
and Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code.
Final action taken by the City may be appealed to the Coastal Commission in compliance
with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of
Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF DECEMBER, 2021.
____________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. The approval of this Limited Term Permit and Coastal Development Permit shall be
effective for up to a one (1)-year term January 1, 2022, to December 31, 2022. The
applicant shall be required to cease all permitted operations and remove any temporary
improvements made to the outdoor spaces as part of this Limited Term Permit on or before
December 31, 2022.
3. The expanded dining area shall not exceed 999 square feet in area.
4. The existing allowed hours of operation of the establishment shall not be extended. The
hours of operation of the expanded area as part of this approval shall not extend beyond
9 p.m., Monday through Thursday, and will close by 10:00 p.m., Friday through Sunday.
5. There shall be no use of amplified sound.
6. The applicant shall install and maintain a physical barrier between any area used and
adjacent to common pedestrian walkways in accordance with the requirements of the State
Department of Alcoholic Beverage Control.
7. The Applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of
alcohol is under the control of the applicant. The establishment shall abide by all applicable
regulations of the State Department of Alcoholic Beverage Control.
8. The sale of alcohol “to go” to patrons that dine within the expanded outdoor patios shall be
prohibited.
9. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
10. The permittee shall provide adequate trash receptacles within the permitted patio shall and
the operator shall provide for periodic and appropriate removal of trash, litter debris and
graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.
11. The Community Development Director or designee may inspect the modified area at any
time during normal business hours.
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12. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
13. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
approval.
14. This Limited Term Permit and Coastal Development Permit be modified or revoked by
the Zoning Administrator if determined that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
15. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Limited Term Permit and Coastal
Development Permit.
16. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
costs and expenses (including without limitation, attorney’s fees, disbursements and
court costs) of every kind and nature whatsoever which may arise from or in any manner
relate (directly or indirectly) to City’s approval of this Limited Term Permit No. XP2021-
015 and Coastal Development Permit No. CD2021-043 (PA2021-193) for Woody’s
Wharf. This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether incurred
by applicant, City, and/or the parties initiating or bringing such proceeding. The
applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages
which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the
City pursuant to the indemnification requirements prescribed in this condition.
Building Division
17. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a. A minimum 4-foot-wide accessible path to all functional area shall be provided.
b. Access to restrooms shall be provided at all times.
c. Accessible parking stalls shall not be used for seating areas when onsite parking is
provided.
d. At least one (1) accessible seating area shall be provided.
e. Detectable warnings are required when pedestrian paths cross or are adjacent to a
vehicular way where no physical barrier are provided to separate the two (2).
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18. Accessible seating at tables or counters shall provide knee clearance of at least 27
inches high, 30 inches wide, and 19 inches deep.
19. The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches above
the finish floor.
20. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
Fire Department
21. Fire lane(s) shall be identified on the plan.
22. Parking, displays, seating or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes.
23. Vehicles are permitted to stop in fire lanes awaiting service or delivery provided that the
driver remains inside the vehicle and the vehicle is ready to move immediately upon
orders from emergency personnel.
24. All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a 3-foot clearance in all directions.
25. Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
26. All building exits shall remain free and clear of any obstacles that would impede exiting
from a building or suite and accessing the nearest public right-of-way.
27. Heat lamps or other heating elements shall comply with the following requirements in
accordance with code section 3107.12 of the California Fire Code:
a. Propane and other fuel-based heating elements (including but not limited to
flammable/combustible gas, liquid, or solid materials) shall not be used within tents
or canopies.
b. Electric heaters must be ul listed for use within tents and/or canopies.
c. Propane and other fuel-based heating devices with blowers may be permitted, with
the heating element located a minimum of 10 feet from the edge of the tent or
canopy.
d. All heating equipment installations shall be approved for the Fire Code official.
28. Covered outdoor dining areas (separate or consolidated) shall comply with the following
standards for tents larger than 400 square feet (two [2] or more walls) and/or canopies
larger than 700 square feet (no walls or one [1] wall):
• Post maximum occupant load.
• Do not exceed posted occupant load inside the tent or canopy.
• Visible and Mounted Fire Extinguishers with current service tags.
• No Smoking Signs shall be installed.
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• Illuminated Exit Signs shall be installed.
• Emergency Lighting shall be provided.
• Exit doors are not to be blocked and are to remain accessible as exits while the tent
is occupied.
• All interior decorative fabrics or materials shall be flame resistant. Provide
Certificates of Flame Resistance.
• If Propane is used, a permit is required: Cooking and heating equipment shall not be
located within 10 feet of exits or combustible materials.
• LPG containers shall be located outside and be adequately protected and secured,
and a permit will be required. Open flame or other devices emitting flame, such as
candles, are not permitted inside or within 20 feet of the tent, canopy, or temporary
membrane structure.
• Tents and canopies shall have the State Fire Marshal tag indicating fire resistance.
• Tents and canopies shall be designed and installed to withstand the elements of the
weather and prevent collapsing through weights and ground anchorage.
Public Works Department
29. The applicant shall install and maintain a substantial physical barrier (water-filled barrels,
55 to 60 gallon minimum, spaced a maximum of 5 feet apart) between any area used and
adjacent to any street, driveway or parking area.
30. There shall be a minimum of 5 feet of space around all overhead facilities, such as poles,
and 15 feet of space around all underground facilities, such as vault lids, manholes, vent
pipes, pad-mounted transformers, etc.
31. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be
prohibited.
32. Public eating/dining at tables shall not be situated on top of energized vault lids, energized
underground structures, or next to vent pipes, etc.
33. Expanded outdoor dining areas shall adhere to the SCE clearance decal examples
provided.
16
Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Limited Term Permit No. XP2021-015 and
Coastal Development Permit No. CD2021-043
(PA2021-193)
2318 Newport Boulevard
Subject Property
18
Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
19
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR EMERGENCY
TEMPORARY USE PERMIT ACTION
Subject: Woody’s Wharf (PA2020-129)
▪ Emergency Temporary Use Permit No. UP2020-050
▪ Emergency Coastal Development Permit No. CD2020-060
Site Location 2318 Newport Boulevard
Applicant Woody’s Group Ind.
Property Owner Ralph Furra
On July 2, 2020 the Community Development Director approved Emergency Temporary
Use Permit No. UP2020-050 and Emergency Coastal Development Permit No. CD2020-
060. This approval is based on the following findings and subject to the following conditions.
I. SUMMARY OF PROPOSED OPERATION
An emergency temporary use permit and emergency coastal development permit to allow
two expanded outdoor dining patios (approximately 2,000 square feet, 50 seats and 553
square feet, 18 seats) within the on-site parking area (13 parking spaces occupied).
II. CEQA DETERMINATION
The proposed operation is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an
emergency), Section 15301 Class 1 (Existing Facilities), and Section 15303 Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3. Section 15269 allows specific actions
necessary to prevent or mitigate an emergency. The Class 1 exemption includes the
operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of use. The Class 3 exemption includes a
store, motel, office, restaurant, or similar structure not involving the use of significant
amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000
square feet in floor area in urbanized areas zoned for such use. The project includes a
2,000-square-foot and a 553-square-foot outdoor dining patio area expansion to an existing
restaurant and is within the parameters noted for these exemptions and will not have a
significant effect on the environment. There are no known exceptions listed in CEQA
Guidelines Section 15300.2 that would invalidate the use of these exemptions.
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III. EMERGENCY TEMPORARY USE PERMIT FINDINGS
In this case, the Community Development Director has found that the temporary use would
not create a hazard to the health, safety, or welfare of the community for the following
reasons:
1. The operation authorized by this Emergency Temporary Use Permit and Emergency
Coastal Development Permit is temporary and only valid during the emergency order
established by Emergency Ordinance No. 2020-005.
2. The project, based upon the applicant’s project description, approved site plan, and
implementation of all conditions of approval, will be operated safely thereby helping
reduce the spread of COVID-19. The proposed operation is necessary to provide
adequate space to allow for appropriate social distancing.
3. The permitted use shall adhere to applicable State of California and Orange County
Health Care Agency guidelines for the safe operation of the use. It is the responsibility
of the permittee to implement and follow industry-specific guidance of the State of
California and the Orange County Health Care Agency guidelines.
4. The proposed operation has been reviewed by and is acceptable to the Building
Division, Fire & Life Safety Division, and the Public Works Department. Conditions of
Approval are included to help ensure this operation is not detrimental;
5. The proposed operation does not constitute an increase in the overall occupant load
beyond what the existing Use Permit and/or Certificate of Occupancy allow;
6. An adequate supply is available to serve the restaurant. Dock and dine services and
valet parking are also available for patrons of the restaurant.
7. The proposed operation does not extend any hours of operation beyond those
currently permitted by Minor Use Permit No. UP2015-037 (9:30 a.m. to 2:00 a.m.,
daily) and Outdoor Dining Permit No. OD2015-037 (9:30 a.m. to 11:00 p.m., Sunday
through Wednesday, and 9:30 a.m. to 2:00 a.m., Thursday through Saturday, and 12
specified holidays).
8. The permitted use must be operated in compliance with applicable State Department
of Alcoholic Beverage Control (ABC) requirements.
9. The overall plan includes appropriate delineation of outdoor use spaces with
temporary physical barriers or markers.
10. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
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EMERGENCY COASTAL DEVELOPMENT PERMIT FINDINGS
1. The COVID-19 global pandemic has created a National, State and Local
emergency that is more fully described in Emergency Ordinance No. 2020-005.
The COVID-19 outbreak is an emergency pursuant to Newport Beach Municipal
Code (NBMC) Section 21.52.025 because immediate action is necessary to allow
commercial business and institutional uses to re-open consistent with State and
local public health guidelines designed to reduce the spread of COVID-19. If
immediate action is not taken to properly regulate the re-opening of commercial
business and institutional uses, the spread of COVID-19 will likely be more severe
thereby exacerbating the existing public health emergency.
2. Development authorized is temporary and will only be in place during the described
emergency consistent with Emergency Ordinance No. 2020-005. All development
authorized by this permit must be removed after the state of emergency is lifted.
3. Development authorized by this permit is not located in any environmentally
sensitive habitat area and public access to the coast will not be blocked. Coastal
access is increased by allowing commercial establishments to re-open allowing
public to once again visit the coastal areas.
4. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
IV. CONDITIONS OF APPROVAL
1. Only that specifically described above and depicted in the attached site plan is
authorized, subject to the conditions set forth below. Any additional changes require
separate review and may necessitate separate authorization from the Director. The
expanded dining area shall be in substantial conformance with the site plan and
seating layout provided in Attachment No. CD 3.
2. As long as this Emergency Temporary Use Permit is in effect, all NBMC provisions
and any restrictions set forth in an applicable discretionary permit regulating uses,
nonconforming uses, development standards, parking and permit procedures that
regulate the use and development of private or public property operations are
suspended only to the extent that the these provisions or restrictions set forth in a
discretionary permit conflict with the terms of this Emergency Temporary Use Permit.
3. If the proposed operation is using any portion of the public right-of-way, the Applicant
shall obtain and maintain liability insurance for not less than $1,000,000 per
occurrence and as specified by the City’s Risk Manager. All liability insurance
policies shall specifically include the City, the City Council, its employees, and agents
as additional insureds and shall be issued by an agent or representative of an
insurance company licensed to do business in the State of California, which has one
of the three highest or best ratings from the Alfred M. Best company. All insurance
policies shall contain an endorsement obligating the insurance company to furnish
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the Community Development Director with at least thirty (30) days written notice in
advance of the cancellation of the policy.
4. The expanded outdoor dining patios shall not exceed 2,000 square feet (50 seats)
and 553 square feet (18 seats), respectively.
5. The existing allowed hours of operation of the establishment shall not be extended.
The hours of hours of operation of the area modified as part of this Emergency
Temporary Use Permit shall not extend beyond 9 p.m.
6. The use of amplified sound within the temporary area shall be prohibited.
7. Tables in the expanded outdoor dining areas shall not exceed table height (36
inches maximum) to encourage a family-friendly dining atmosphere.
8. All dining tables shall be separated from other dining tables and/or waiting areas
by a minimum distance of seven (7) feet to ensure proper social distancing is
maintained.
9. The applicant shall install and maintain a physical barrier between any area used and
adjacent pedestrian walkways.
10. The applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or
consumption of alcohol is under the control of the applicant. The establishment shall
abide by all applicable regulations of the State Department of Alcoholic Beverage
Control.
11. The sale of alcohol “to go” to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
12. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
13. Establishments that provide food service, shall abide by the COVID-19 Industry
Guidance: Dine-In Restaurants provided by the California Department of Public
Health and Department of Industrial Health.
14. The permittee shall provide adequate trash receptacles within the permitted patio
shall and the operator shall provide for periodic and appropriate removal of trash,
litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet
of the premises.
Building
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15. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a. An accessible path to all functional areas shall be provided.
b. Access to restrooms shall be provided at all times.
c. Accessible parking stalls shall not be used for seating areas when on-site
parking is provided.
d. Detectable warnings are required when pedestrian paths cross or are adjacent
to a vehicular way where no physical barrier are provided to separate the two.
16. Accessible seating at tables or counters shall provide knee clearance of at least
27 inches high, 30 inches wide, and 19 inches deep.
17. The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches
above the finish floor.
18. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
Fire
19. Fire lane(s) shall be identified on the plan.
20. Parking, displays, seating or other obstacles that interfere with emergency vehicles
and personnel shall not be permitted in fire lanes.
21. Vehicles are permitted to stop in fire lanes awaiting service or delivery provided
that the driver remains inside the vehicle and the vehicle is ready to move
immediately upon orders from emergency personnel.
22. All Fire Department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
23. Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
24. All building exits shall remain free and clear of any obstacles that would impede
exiting from a building or suite and accessing the nearest public right-of-way.
Public Works
25. The applicant shall install and maintain a substantial physical barrier (water-filled
barrels, 55-60 gallon minimum, spaced a maximum of 5 feet apart) between any area
used and adjacent to any street, driveway or parking area.
26. There shall be a minimum of 5 feet of space around all overhead facilities, such
as poles, and 15 feet of space around all underground facilities, such as vault
lids, manholes, vent pipes, pad-mounted transformers, etc.
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27. Seating or structures below overhead conductors and/or under the ‘drip line’ shall
be prohibited.
28. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
29. Expanded outdoor dining areas shall adhere to the SCE clearance decal
examples provided in Attachment No. CD 2.
30. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
31. The Community Development Director may immediately revoke this permit if the
Director determines that there has been a violation of any condition of approval. Any
revocation of an Emergency Temporary Use permit shall be deemed effective upon
the posting of a notice of revocation at the site of the business granted the emergency
temporary permit.
32. The Community Development Director may modify this Emergency Temporary Use
Permit. The Director shall notify the applicant of any proposed modification and a
decision to modify this permit shall be deemed effective upon the posting of a notice
of modification at the site of the business granted the emergency temporary use
permit
33. This temporary authorization shall expire fourteen (14) days after the emergency
order established by Emergency Ordinance No. 2020-005 is terminated or repealed,
or 60 days from the date of authorization, whichever is sooner. The Director may
extend this approval for an additional 60 days for good cause.
34. Upon termination or repeal of Emergency Ordinance No. 2020-005, the Applicant
shall immediately work to remove the temporary improvements in a timely manner
and shall restore the expanded area back to its original use and improvements.
35. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney’s fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City’s approval of this
Emergency Temporary Use Permit and Coastal Development Permit for Woody’s
Wharf. This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorneys' fees, and other expenses incurred
in connection with such claim, action, causes of action, suit or proceeding whether
incurred by applicant, City, and/or the parties initiating or bringing such
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proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions
set forth in this condition. The applicant shall pay to the City upon demand any
amount owed to the City pursuant to the indemnification requirements prescribed
in this condition.
V. APPEAL
This decision may be appealed by the applicant/permittee to the City Manager by notifying
the City Manager of the appeal within three (3) calendar days of the decision. The City
Manager shall have authority to sustain, reverse or modify the decision of the Community
Development Director and the City Manager's decision shall be final.
On behalf of Seimone Jurjis, Community Development Director.
Senior Planner
Attachments: CD 1 Filed Application and Insurance Affidavit (if applicable)
CD 2 SCE Clearance Decals
CD 3 Site Plan Diagram
Applicant and Permit Recipient Acknowledgement and Agreement
I hereby acknowledge that I have received a copy of this permit and that I have read and
understand the permit and all conditions. I hereby agree to operate the authorized use
consistent with this permit including the project description, approved site plan diagram,
findings, and conditions of approval. This is an approved and executed permit and it
constitutes a contract between the City and Permittee for all purposes.
Insert applicant name and title
Signature Date
DocuSign Envelope ID: D4E65B7D-BA30-4A2A-A10D-C7F90347D41B
AdvisorMike Glenn
7/3/2020
26
Attachment No. ZA 4
SCE Clearance Decals
27
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
28
29
D5430
Tmplt: 05/27/20
Attachment No. ZA 5
Project Plans
31
32